This rule sets forth the procedures to be followed if the
secretary of the United States department of agriculture (USDA) mandates a
reduction, suspension or a cancellation of monthly food assistance allotments
in order to stay within federal appropriations pursuant to section 18 of the
Food and Nutrition Act of 2008. Actions to comply with section 18 of the Food
and Nutrition Act of 2008, may be a suspension or cancellation of allotments
for one or more months, a reduction in allotment levels for one or more months
or a combination of these three actions. If a reduction in allotments is deemed
necessary, allotments shall be reduced by reducing maximum food assistance
allotment amounts for each assistance group

(A)
General provisions applicable to
reductions, suspensions, or cancellations

The provisions in this rule are applicable to all three of the
above cost-saving measures. Also, once these provisions are put into effect,
they supersede and override other analogous rules used during the program's
normal operation.

Reductions, suspensions, and cancellations of allotments shall
be considered to be federal adjustments to allotments. As such, state and
county agencies shall notify AGs of reductions, suspensions, and cancellations
of allotments in accordance with the notice provisions of rule
5101:4-7-03 of the
Administrative Code, except that county agencies shall not provide individual
notices of adverse action to AGs affected by reductions, suspensions, or
cancellations of allotments.

Any AG that has its allotment reduced, suspended, or cancelled
as a result of an order issued by food and nutrition service (FNS) may request
a fair hearing if it disagrees with the action, subject to the following
conditions. :

The Ohio department of job and family services (ODJFS) shall
not be required to hold fair hearings unless the request for a fair hearing is
based on an AG's belief that its benefit level was computed incorrectly under
these rules or that the rules were misapplied or misinterpreted. ODJFS shall be
allowed to deny fair hearings to those AGs who are merely disputing the fact a
reduction, suspension, or cancellation was ordered.

Since the reduction, suspension, or cancellation would be
necessary to avoid an expenditure of funds beyond those appropriated by
congress, AGs do not have a right to a continuation of benefits pending the
fair hearing.

In months the issuance of benefits has been suspended or
cancelled, county agencies shall determine what types of issuance services to
make available, where they should be located, and when they should be
available. County agencies' determinations should be based on the schedule and
volume of issuance in the affected month and on the variables affecting the
provision of issuance services.

Determinations of the eligibility of applicant AGs shall not be
affected by reductions, suspensions, or cancellations of allotments. County
agencies shall accept and process applications during a month(s) in which a
reduction, suspension, or cancellation is in effect.

If an applicant is found to be eligible for benefits and a
reduction is in effect, the amount of benefits shall be calculated by reducing
the normal maximum food assistance allotment amount for the AG size by the
reduction percentage that was ordered, and then deducting thirty per cent of
the AG's net food assistance income from the reduced maximum food assistance
allotment amount.

Those AGs eligible to receive expedited service in months in
which suspensions are in effect and determined to be eligible shall have
benefits issued to them in accordance with rule
5101:4-6-09 of the
Administrative Code. However, if the suspension is still in effect at the time
issuance is to be made, the issuances shall be suspended until the suspension
is ended.

(c)
Cancellations AGs eligible to receive expedited service who apply for program
benefits during months in which cancellations are in effect shall receive
expedited service. AGs with zero net income shall have their benefits
determined within twenty-four hours, or if mitigating circumstances occur,
within seventy-two hours. However, the deadline for completing the processing
of other expedited AGs shall be five calendar days or the end of the month of
application, whichever is later. All other rules pertaining to expedited
service shall be applicable to these cases.

The reduction, suspension, or cancellation of allotments in a
given month shall have no effect on the certification periods assigned to AGs.
Those participating AGs whose certification periods expire during a month in
which allotments have been reduced, suspended, or cancelled shall be
recertified. AGs found eligible to participate during a month in which
allotments have been reduced, suspended, or cancelled shall have certification
periods assigned.

AGs whose allotments are reduced or cancelled as a result of
the enactment of these procedures are not entitled to the restoration of lost
benefits at a future date. However, if there is a surplus of funds as a result
of the reduction or cancellation, FNS shall direct state agencies to provide
affected AGs with restored benefits unless the USDA determines that the amount
of surplus funds is too small to make this practicable. County agencies must
still keep a record of all benefits to be restored during these periods so that
in the event FNS directs the restoration of benefits, such benefits are issued
promptly.

In the event of a suspension or cancellation, or a reduction
exceeding ninety per cent of the affected month's projected issuance, all AGs,
including oneand two-person AGs, shall have their benefits suspended,
cancelled, or reduced by the percentage specified by FNS.

Notwithstanding any other provision of this rule, FNS may take
one or more of the following actions against a county agency failing to comply
with a directive to reduce, suspend, or cancel allotments in a particular
month.

(a)
If FNS and ODJFS ascertain
that a county agency does not plan to comply with a directive to reduce,
suspend, or cancel allotments for a particular month, a warning will be issued
advising the county agency that if it does not comply, ODJFS may cancel a share
of the county agency's administrative costs for the affected month(s). If,
after receiving such a warning, a county agency does not comply with a
directive to reduce, suspend, or cancel allotments, ODJFS may cancel a share of
the county agency's administrative costs for the affected month(s).

(b)
After warning a county agency, if ODJFS
ascertains that the county agency does not plan to comply with a directive to
reduce, suspend, or cancel allotments, a court injunction may be sought to
compel compliance.

(c)
If a county
agency fails to reduce, suspend, or cancel allotments as directed, FNS will
bill the state agency for all resulting overpayments. If a state agency fails
to remit the billed amount to FNS within a prescribed period of time, the funds
will be recovered through offsets against the federal share of the state
agency's administrative costs, or any other means available under law. The
state, in turn, will demand repayment of these funds from the affected
county(s).

If a decision is made to reduce monthly food assistance
allotments, ODJFS shall notify county agencies of the date the reduction is to
take effect and by what percentage maximum food assistance allotment amounts
are to be reduced.

Revised allotment tables showing the reduced amounts will be
distributed to county agencies if such tables are available in a timely manner
from FNS. However, if the reduction must be done manually, the procedure
illustrated in paragraph (B)(2) of this rule must be followed.

If a benefit reduction is ordered, county agencies shall reduce
the maximum food assistance allotment amounts for each AG size by the
percentage ordered in the FNS notice on benefit reductions. County agencies
shall multiply the maximum food assistance allotment amounts by the percentage
specified in the FNS notice and shall round the result up to the nearest higher
dollar amount if it ends in one through ninety-nine cents, and subtract the
result from the normal maximum food assistance allotment amount. County
agencies shall then deduct thirty per cent of each AG's net food assistance
income from the reduced maximum food assistance allotment amount.

Except as provided in paragraph (B)(4) of this rule, if the
amount of benefits obtained by the calculation in paragraph (B)(2) of this rule
is less than the minimum benefit for one- and two-person AGs only, the AG shall
be provided the minimum benefit.

In the event the national reduction in benefits is ninety per
cent of the projected issuance for the affected month, the provision for a
minimum benefit may be disregarded and all AGs may have their benefits lowered
by reducing maximum food assistance allotment amounts by the percentage
specified by FNS. The benefit reduction notice issued by FNS to effectuate a
benefit reduction will specify whether minimum benefits are to be provided to
AGs.

Whenever a reduction of allotments is ordered for a particular
month, reduced benefits shall be calculated for all AGs for the designated
month. All requests or waivers to delay implementation will be denied.

Allotments or portions of allotments representing restored or
retroactive benefits for a prior unaffected month shall not be reduced,
suspended, or cancelled, even if they are issued during an affected month.

If a decision is made to suspend or cancel the distribution of
food assistance benefits in a given month, ODJFS shall notify county agencies
of the date the suspension or cancellation is to take effect.

In the event of a suspension or cancellation of benefits, the
provision for the minimum benefit for AGs with one or two members shall be
disregarded and all AGs shall have their benefits suspended or cancelled.

Upon receiving notification that an upcoming month's issuance
is to be suspended or cancelled, county agencies shall take immediate action to
effect the suspension or cancellation in the month indicated. No delays will be
permitted.

Upon being notified by ODJFS that a suspension of benefits is
over, county agencies shall act immediately to resume issuing benefits to
certified AGs and shall resume benefit issuance as soon as practicable.

If the action in effect is a suspension or cancellation,
eligible AGs shall have their allotment levels calculated according to normal
procedures. However, the allotments shall not be issued for the month the
suspension or cancellation is in effect.